PANDITHRAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings against the petitioner/accused No.1 in C.C.No.239/2023, arising out of Crime No.167/2022, registered by the Traffic Police-II, Kalaburagi City, for the offences punishable under Sec. 279 and 304(A) of IPC r/w Ss. 180 and 181 of IMV Act, pending on the file of IV Add. Senior Civil Judge and JMFC, Kalaburagi.

(2.) The factual matrix of the case is, respondent No.2/complainant lodged a complaint before respondent No.1- Police on 24/7/2022 alleging that on 22/7/2022, after visiting the Ayurvedic Medicine Center at Ankalagi Village, himself and his mother-Gaurabai, when reached a place called Kagganamaddi Railway Bridge, his mother asked him to stop the motorcycle to attend nature call. Accordingly, he stopped the motorcycle on the side of the road and in order to attend the nature call, she crossed the road. At that time, one Nagaraj was riding the motorcycle behind respondent No.2, came in rash and negligent manner and dashed to the mother of respondent No.2. As a result, his mother sustained injuries and subsequently, succumbed to the injuries. Accordingly, FIR came to be registered against one Nagaraj i.e., rider of the motorbike bearing No.KA-32/EU-5502, in Crime No.167/2022 for the offences punishable under Ss. 279 and 338 of IPC.

(3.) Subsequently, respondent No.1-Police laid charge sheet in the case, by arraying the petitioner as accused No.1 and arraying one Nagesh as accused No.2. In accusation column of the charge sheet, it is stated that the motorcycle bearing registration No.KA-32/EU-5502 was rode by the petitioner herein, instead of Nagaraj against whom originally complaint was given. On the strength of the charge sheet, learned Magistrate took cognizance of the offence against this petitioner. Aggrieved by the same, petitioner preferred the petition to quash the proceedings against him.